«Pink Box» a trademark of Pink Box AG, Ibelweg 18a - 6300 Zug, Switzerland (hereinafter referred to as «Pink Box AG») refers to a box that contains several changing cosmetic products, which is delivered to the user on a monthly basis, as described on www.pinkbox.ch, and for which an order can be placed.
User refers to anyone who orders a Pink Box and thereby registers with Pink Box AG.
§ 1 APPLICABILITY
- These General Terms and Conditions (hereinafter referred to as T&C) govern all rights and obligations between Pink Box AG and the user in connection with the purchase and use of Pink Box and are deemed an integral part of the contract.
- By ordering the Pink Box and registering with Pink Box AG which is required for this purpose, the user accepts these T&C.
- The user can access, print, download or save these T&C at any time, even after concluding the contract, at www.pinkbox.ch.
- The minimum age required to use Pink Box is 16.
§ 2 ORDERING
- The Pink Box offer published on www.pinkbox.ch is merely an invitation to submit an offer, is subject to change and is non-binding.
- By clicking the “Pay” button in the last step of the ordering process, the user submits a binding request to Pink Box AG to conclude a contract. This application is binding and irrevocable and the contract is deemed to have been concluded on declaration of acceptance from Pink Box AG.
§ 3 DELIVERY
- The Pink Box is only delivered within Switzerland and Liechtenstein to home addresses that are able to receive parcels by post.
- The Pink Box is delivered on a monthly basis.
- At the same time as the order confirmation, Pink Box AG shall inform the user of the expected delivery date for the delivery of the first Pink Box.
- The actual delivery date may be delayed by 3-4 working days.
- Delivery will be made as an unregistered parcel (the service provider is Swiss Post or an alternative parcel delivery service). The user assumes responsibility for the parcel when the parcel delivery company hands over the parcel to the user (including delivery to a storage box).
§ 4 CONTRACTUAL TERM, TERMINATION, AUTOMATIC RENEWAL
- For contracts with invoice as the means of payment, cancellation is active from the following month. The invoice amount is due with each invoice. This means that non-payment of the invoice is NOT equivalent to termination of the contract. Reminders will be sent for unpaid invoices, for which a fee will be charged. If a contract is not cancelled, it will be automatically renewed for another month.
- To cancel the subscription, the user must log into their user account at www.pinkbox.ch and click on «My details» → «Subscription details» → «Edit» → «Cancel subscription».
- Any Pink Points collected expire when the subscription is cancelled. These will not be recredited if you reregister.
§ 5 WARRANTY
Statutory warranty applies.
§ 6 PRICES AND SHIPPING COSTS; DUE DATE; PAYMENT;
- Prices are inclusive of VAT.
- Shipping costs are set out in the offer.
- The claims of Pink Box AG are due immediately, without prejudice to any statutory right of revocation.
- For payment, you can only use the payment methods agreed and specified when placing the order.
- Reminders may involve reminder fees (up to CHF 10)./li>
§ 7 LIABILITY
- The liability of Pink Box AG is limited to proven direct damage caused by Pink Box AG intentionally or through gross negligence. Any further liability of Pink Box AG, irrespective of the legal grounds, is excluded.
- In particular, the liability of Pink Box AG is excluded for damages that occur after handing over the Pink Box for delivery and in the event of data loss or data changes on electronic transmission paths belonging to third parties.
- Furthermore, Pink Box AG is not liable for costs incurred by the user vis-à-vis third parties to gain access to Pink Box AG services.
- Liability for damages due to force majeure, such as computer viruses, power failure, strike, natural events, official orders and regulations and service disruptions beyond the control of Pink Box AG is also excluded.
§ 8 DATA PROTECTION
- Protecting users’ personal data is of central importance to Pink Box AG. Pink Box AG complies with the applicable Swiss data protection legislation and has an internal data protection officer who independently monitors internal compliance with data protection regulations.
- The personal data provided by the user to Pink Box AG will be exclusively used by Pink Box AG for providing contractual services to the user, for the purpose of improving performance and for its own marketing purposes, to which the user gives their express consent.
- The user has the option of suppressing their data stored by Pink Box AG at any time. This must be requested via the contact form at www.pinkbox.ch.
- Pink Box AG reserves the right to analyse and evaluate anonymised personal data for research purposes.
- Pink Box AG may use your data for advertising/marketing purposes in cooperation with carefully selected partners and in compliance with data protection regulations.
§ 9 AMENDMENTS TO THE T&C
Pink Box AG reserves the right to amend these T&C at any time without stating reasons. Pink Box AG will notify the user of any changes to the T&C by sending an e-mail to the last e-mail address provided to Pink Box AG. If the user does not object to the validity of the new T&C within two weeks of notification, the amended T&C shall be deemed accepted by the user. If the user objects to the validity of the new T&C, the contract with Pink Box AG ends and their profile, containing all of their data, will be suppressed. Pink Box AG will notify the user of their right to object and the legal consequences of an objection in the notification
§ 10 FINAL PROVISIONS
Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace an invalid provision with a valid provision whose content comes as close as possible to the economically intended meaning and purpose of the invalid provision. This applies accordingly in the case of contractual loopholes.
§ 11 PLACE OF JURISDICTION
The ordinary courts in Zug shall have exclusive jurisdiction for any legal disputes arising from this contract.
Date: January 2015
